On The Improvement Of China’s Drug Patent Protection System

After more than 30 years of rapid development,China’s pharmaceutical industry has continuously improved its technological innovation capabilities,and domestic innovative drugs have continued to develop,and major breakthroughs have been achieved in some areas.However,due to the vague provisions of the current drug information disclosure system,the lack of a patent linkage system and its supporting measures,the irregularity of the generic drug patent declaration system and the patent dispute resolution mechanism,etc.,there have been unclear identification of pharmaceutical patents,unclear procedures,and patents.The problem of incomplete dispute resolution mechanism has become a serious obstacle to the development of China’s pharmaceutical industry.Based on this,from the current situation of drug patent protection,this comparative study draws on the identification rules and judicial practice of national patent linking systems in foreign countries,and combines the theoretical guidance of jurisprudence and law and economics to conclude that China should clarify drug information disclosure and The examination and approval system,the establishment of a patent linkage system and its supporting systems,and the need to further improve the patent declaration system and patent dispute resolution mechanism for generic drugs.Provide corresponding institutional recommendations for China’s pharmaceutical industry,thereby providing a reasonable application direction for improving the legal guarantee mechanism for the development of China’s pharmaceutical industry,improving the plight of drug patent infringement in judicial application,promoting the establishment of China’s drug patent protection related systems,and promoting China’s medicine The healthy development of the industry.